Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tratter v Aware Super [2024] FCAFC 36 Appeal from: Tratter v Aware Super [2023] FCA 491
File number(s): VID 440 of 2023
Judgment of: O'CALLAGHAN, ANDERSON AND MCELWAINE JJ
Date of judgment: 19 March 2024
Catchwords: SUPERANNUATION — appeal under s 1057(1) of the Corporations Act 2001 (Cth) from determination of the Australian Financial Complaints Authority (AFCA) affirming a decision of the trustee of a superannuation fund in relation to the apportionment of a death benefit — where the trustee of the fund apportioned the death benefit 70% to the deceased member's former spouse and 30% to the deceased member's mother — whether AFCA made error of law in determining that the trustee's determination was neither unfair nor unreasonable — no error of law established — appeal dismissed
Legislation: Acts Interpretation Act 1901 (Cth) s 25D Corporations Act 2001 (Cth) ss 1053, 1055, 1055A, 1057 Superannuation Industry (Supervision) Act 1993 (Cth) s 10(1)
Cases cited: Board of Trustees of the State Public Sector Superannuation Scheme v Edington [2011] FCAFC 8; 119 ALR 272 Carrascalao v Minister for Immigration and Border Protection [2017] FCAFC 107; 252 FCR 352 Corbisieri v NM Superannuation Proprietary Limited [2023] FCA 1319 EEU20 v Meat Industry Employees' Superannuation Fund Pty Ltd [2020] FCA 1359 Minister for Immigration and Border Protection v Eden [2016] FCAFC 28; 240 FCR 158 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; 237 FCR 1 Minister for Immigration and Border Protection v SZSRS [2014] FCAFC 16; 309 ALR 67 QSuper Board v Australian Financial Complaints Authority Limited [2020] FCAFC 55; 276 FCR 97 Reeves v Nulis Nominees (Australia) Limited (Trustee) [2022] FCA 627 Wan v BT Funds Management Limited [2022] FCFCA 189
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